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Updated: 9:28 AM Jun 9, 2009
Former CSPD Chief's Suit Claims He Didn't Know of Investigation
Michael Clancey was College Station's Police Chief for nearly three years. Now, he's suing for back pay and punitive damages.
Posted: 9:44 PM Jun 7, 2009Reporter: Ashlea Sigman Email Address: Sigman@kbtx.com |
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After a performance review telling him to shape up or face termination, what may have ultimately been the last straw in Michael Clancey's undoing, began at the intersection of Rock Prairie Rd. and Rio Grande in October 2007.
A rookie officer wrote a ticket to the teen daughter of Lt. Donnie Andreski. Before all was said and done, Andreski and 10 other city employees would become involved, a lengthy internal affairs investigation would begin, and the ticket and the chief would be gone.
After the ticket was dismissed, Sgt. Steve Brock, the rookie officer's supervisor, requested an internal investigation. That investigation was turned over to Bryan Police at the request of Clancey, and Bryan Lt. Choya Walling carried it out.
Walling's Report found that Brock, the original officer, and his training officer all agreed the ticket had merit. However, City Prosecutor Adam Falco dismissed it under the direction of City Attorney Harvey Cargill. Both attorneys told Walling the ticket was dismissed based on statements made by Asst. Chief Larry Johnson.
Falco told Walling that Andreski visited him about the ticket in person and said everyone in the rookie officer's chain of command wanted the ticket dismissed. Falco said Andreski threatened to hire an attorney at the city's expense.
According to Walling's report, the prosecutor also said city attorney Cargill told him they were not going to get involved in the Police Department's battle between itself.
Cargill told Walling "I worried about this cause we don't usually have chiefs or assistant chiefs call about tickets, in fact I've never had them do it."
While a number of department employees tried to justify their actions leading up to the ticket's dismissal, in the end Walling's report would sustain accusations of unbecoming conduct and violation of procedure for : Clancey, Johnson, Andreski and Lieutenant Jeff Capps. An accusation of untruthfulness against Clancey was also sustained.
News three spoke with Choya Walling who said he couldn't say who initiated the allegations.
By the time Walling's report was finished Michael Clancey had been gone from the department for two months.
An attorney for Clancey claims the former chief didn't hear of the findings until months later, and that Clancey was never told of the allegations against him.
"They interviewed Clancey for it but Clancey was under the impression that he was being interviewed simply as a witness. He did not realize he was actually under investigation," said attorney Nasim Ahmad.
The three other officers who were punished were able to appeal to then interim Chief Bobby Whitmire, who dropped one of the charges from their record.
Clancey's attorney said his client didn't have the chance to appeal.
"Under Loudermill (Cleveland Board of Education v. Loudermill), whenever an officer is accused of something that impunes their integrity and could give rise to a termination, they are entitled to notice of the violation and an opportunity to respond, and Mr. Clancey was given neither of those things"
Right or not, the findings remain on Clancey's record, and now he will see his former bosses again- in court.
Latest Comments
Uhhh, Richard... Choya Walling did not do his job, he lied about Clancey being untruthful and he didn't even get all the facts right. Obviously he just made things up and slapped them in the investigation. For what... spice? Ha! What an unprofessional impulsive thing to do! Walling should be fired.
Dear mad, it's not dirty laundry it's called tough love, any Police Officer worth his salt should do his job, and not go the extremes some did in the ticket fiasco. I hope you don't work at a plac where your future is decided by self appointed Jefe's who use their positions to run roughshod over their subordinates for their own ego trips and self importance. it's not grudge when you are "railroaded" I had the guts to use my name maybe you should too.
Mr. Garza why are you airing your dirty laundry? You said you left in 1997, it's been 12 years...get over it! Grudges like yours are NOT healthy!
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